Introduction

1. This consultation related to proposals to extend permitted
development (
PD) rights for
electronic communications code operators (
ECCO) to
install their infrastructure.
PD rights grant a
Scotland wide planning permission for specified developments and
remove the need to apply to the planning authority for an area for
planning permission. The legislation applies various restrictions
and conditions to that permission. In this case, particular types
of development are subject to restrictions on dimensions or
location, and tighter restrictions often apply to the
PD rights in
various designated areas
[1].

2.
ECCOs
are firms who have successfully applied to Ofcom to use the
Electronic Communications Code, which is set out in communications
legislation, in the rollout of their electronic communications
infrastructure. The Code gives
ECCO
certain rights and obligations. Town and Country Planning
legislation then specifies that
ECCOs
are entitled to specified
PD rights in
relation to their infrastructure
[2].

3. This consultation ran from 10 August to 4 November 2016 and
had thirty-eight respondents, who have been split into categories
for the purposes of this analysis (See
Annex for details). The categories are as
follows:

Government and agencies

Heritage bodies

Individuals

Industry

Planning Authorities, and

Others

4. There are some key threads and concerns raised by respondents
in all categories that follow through in the responses. While these
naturally reflect the interests of the sectors represented in these
categories, generally, there is an understanding of the importance
of digital connectivity.

5. Each section's summary details the specific questions asked
and highlights the key points made across the categories. The
statistics relate to the closed questions on whether or not
respondents agree or disagree with a proposal are presented in the
question boxes. In some cases, respondents did not answer the
closed question, but still gave qualitative answers.